The ADMIRAL DEFENSE Compliance team continues its overview of European regulations. After France and Germany, today we focus on Italy — a singular legal framework, more restrictive than its French counterpart on certain points.
A regulation built around a single reference text
In Italy, the marketing and carrying of defense sprays are governed primarily by Ministerial Decree No. 103 of May 12, 2011, issued in application of Article 3, paragraph 32 of Law No. 94/2009. This text, which entered into force on January 9, 2012, profoundly transformed the legal status of pepper spray: before 2011, these devices were classified as proper weapons ("armi comuni da sparo") under Article 2 of Law No. 110/1975 — carrying one without a prefectural license constituted a criminal offense.
DM 103/2011 created a specific category: that of "strumenti di autodifesa" ("self-defense instruments"), provided the product complies with a strict technical specification. Failing this, the spray remains classified as a weapon and falls under firearms legislation.
Technical specifications imposed by DM 103/2011
To be considered a self-defense instrument with free sale and free carry, a pepper spray must meet all of the following conditions:
- Active ingredient: exclusively based on oleoresin capsicum (OC), a natural active compound
OC concentration: maximum 10% dissolved oleoresin capsicum
- Total capsaicin and capsaicinoids: maximum 2.5%
- Maximum volume: 20 ml per container
- Maximum range: 3 meters
- Composition: no flammable, corrosive, toxic, or carcinogenic substance, and no aggressive chemical agent other than OC
- Packaging: product sealed at point of sale, equipped with an anti-accidental activation safety system
- Labeling: name and registered office of the manufacturer or importer, composition, instructions for use, precautionary statements, "Xi" hazard symbol (irritant), "irritant" warning, and notice that use is reserved exclusively for defense in case of danger.
Any product failing a single one of these criteria remains classified as a proper weapon — including those exceeding 20 ml in capacity or 3 meters in range.
Sale, possession, and carry
The conditions are clear, and relatively flexible for compliant products:
- Free sale from age 16 (rather than 18 as in France)
- No firearms permit required
- No prior declaration
- Free carry in public spaces, with no need to justify a "legitimate reason" — unlike French law, which requires the carrier of a Category D weapon to provide one
This last point is where Italian legislation differs most clearly from French law: an Italian citizen can carry a compliant pepper spray in any context (street, public transit, nightlife) without having to justify the practice, whereas a French citizen must be able to establish a valid reason if checked.
Use: strictly framed by self-defense
Free purchase does not mean free use. Article 52 of the Italian Penal Code governs legitimate self-defense ("legittima difesa"): use of the spray is only lawful in the face of an actual and verified threat to physical integrity, and the response must be proportionate to the aggression suffered.
The Italian Supreme Court (Corte di Cassazione) has ruled on this question multiple times. Notably, in ruling No. 8624/2018, the Court confirmed that a pepper spray compliant with DM 103/2011 can be excluded from the category of objects "suitable for offense" (Article 4 of Law 110/1975) only if its use is strictly oriented toward personal self-defense. Any offensive use — even with a compliant product — pushes the device back into the weapons category and exposes the user to criminal sanctions (carrying objects suitable for offense, Art. 4 Law 110/1975; personal injury, Art. 582 of the Penal Code).
What about professionals and law enforcement?
Italian police forces, specialized corps, and public security services are not subject to the limitations of DM 103/2011 and may use devices with superior technical characteristics (larger capacities, extended ranges, more powerful formulations). ADMIRAL products designed for these professional users are identified by the "PROFESSIONAL" marking on their labels.
For private security companies and security guards ("vigilanti"), the use of a pepper spray in the course of their duties is governed by the Private Security Law and the associated Uniform Regulation: carrying in service generally requires specific authorization issued by the General Directorate of Police, at the employer's request. A security guard may purchase a DM 103/2011-compliant spray for personal use, but should not carry one in service without that authorization.
And what about ADMIRAL RED non-irritant marking sprays?
This is where the situation becomes more nuanced. Italian texts, and DM 103/2011 in particular, only target sprays containing an irritant agent (oleoresin capsicum). A marking spray with no irritant agent whatsoever, whose function is solely to deposit a colorant on the attacker for subsequent identification, falls outside the scope of the decree.
This means these devices are not subject to the capacity (20 ml), range (3 m), or concentration limits imposed by DM 103/2011 — since by definition they contain no OC.
That said, as in French law, an object can be qualified as a weapon by destination depending on the circumstances of its use or carry. Italian case law (notably Cassation ruling No. 7952/2009) has previously upheld a classification of "object suitable for offense" for liquid spraying devices used for purposes other than defense.
The ADMIRAL RED range, with no irritant agent, can be marketed and carried freely in Italy, provided it is presented and used for its intended function — deterring and marking the attacker for identification by law enforcement. The advantages of this range are threefold: it can be used indoors (public transit, parking, enclosed spaces) with no risk to bystanders, it leaves a persistent skin marking exploitable by CCTV and law enforcement, and it falls outside the restrictive scope of weapons legislation.
Feel free to send your regulatory questions to eu@admiraldefense.com